The Virginia Car Accident Guide

The Virginia
Car Accident Guide
An Insider's Guide to
Automobile Accident Personal Injury Claims:
What the Insurance Companies Do Not Want You to Know!

by
James R. Parrish, Esquire

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Parrish Law Firm, PLLC

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The Insider's Guide to Automobile Accident Personal Injury Claims:
What the Insurance Companies Do Not Want You to Know!

By James R. Parrish, Esquire

If you are reading this book then CONGRATULATIONS! You have taken the first step to
obtaining a better understanding of the automobile accident personal injury claims
process. This book is designed to educate you about this area of the law and teach
you how the insurance companies operate.

You are probably wondering why I named this book “The Insider's Guide to
Automobile Accident Personal Injury Claims: What the Insurance Company does not
want you to know!”

Ok, here is the answer:

Over the last several years, the insurance industry has spent millions (maybe billions)
of dollars successfully brainwashing the general public to believe that people who
make personal injury claims are lazy, good for nothing men and women just looking
for a “free ride” and “easy money.” In fact, the insurance companies will go to almost
any length to prevent you from successfully pursuing your claim.

I know this because I used to defend insurance companies and worked intimately
with everyone in the insurance industry from front-line adjusters to corporate “big
wigs.” I used to lecture to insurance professionals to help them more successfully
settle claims for small amounts or deny claims altogether. I wrote articles for
insurance/risk management companies. I even graduated from the International
Association of Defense Counsel trial academy!

So, now you understand a bit more as to why I named this book the “Insider's Guide.”
Because it is written with knowledge gained from all of my interactions with the
insurance companies with which I now do battle on behalf of people injured in car
accidents.

It is my hope that the “Inside Information” contained within this book will arm you
with the knowledge you will need if you have been injured in an automobile accident
and deserve to recover compensation for those injuries. It is also my hope that after
reading this book, you will know what to expect when you decide to make a personal
injury claim, the kinds of issues you are likely to encounter and what to look for in a
lawyer to handle your case.


Who is the author of this book?
My name is Jim Parrish and I am a personal injury attorney in Manassas, Virginia. As
indicated earlier, for the first several years of my career (which now spans a more
than decade), I was regularly retained by massive insurance companies to defend
personal injury claims and protect the insurance companies' money.

I defended automobile accidents, slips and falls, dog bites and medical malpractice
claims, just to name a few. However, after a while, it became clear to me that the
results I was achieving (and yes, I was very good at protecting the insurance money
from those injured folks) were not fair or just. I began to see that many good people
were being taken advantage of by the insurance industry and, although I hate say it,
bad lawyers representing those injured people.

So, I decided to take cases on behalf of people opposing the insurance companies and
use my “inside information” and knowledge of the insurance industry to the benefit
of my clients. I also decided that I would not make the same kinds of mistakes that I
saw other injury lawyers repeating time and time again to the detriment of their
clients. While it is never easy, the satisfaction of obtaining monetary compensation
for the people who have given me the honor of representing their interests is
extraordinary.

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Ethical Information:

Before we go further, I need to make sure that you understand what this book is not.
(FYI-This information is required by the Virginia State Bar, the organization which
controls my ability to practice law):

-The contents of this book are not legal advice.

-Obtaining this book from me does not create an attorney-client relationship
between us. (As you will read, I run a small law practice and am highly selective in
choosing my clients and cases. Unlike many other personal injury lawyers, I do not
sign up everyone who calls my office that has been in an accident. In order for my
firm to take on your case, you must have sustained very serious injuries and the fault
of the party whom caused those injuries must be clear.)


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What does it mean to make an automobile accident personal injury
claim?

Negligence of the Other Driver:
In Virginia, in order to successfully make a claim for personal injuries sustained in an
automobile accident, you must prove that the driver of the vehicle that hit you was
“negligent.” “Negligent” simply means that the other driver acted unreasonably
under the circumstances.

In relation to a motor vehicle crash, negligence can typically be shown by
demonstrating that the other driver violated a traffic law or other well-accepted
“rule of the road.” Running a stop sign or red light, changing lanes without using a
signal, turning in front of oncoming traffic or speeding are all examples of negligent
driving. Negligence does not mean that the other driver is a bad person or that he did
something purposely to hurt you. (Those types of claims are the subject of another
book I am writing.)

Contributory Negligence:
Assuming you can show that the other driver acted negligently, then the claims
process looks at your driving behavior, i.e., did you do anything that contributed to
the accident? If so, guess what? The claim is over. You are completely barred from
recovering for your injuries.

This harsh rule is called contributory negligence and it means that if you are just 1% of
the cause of the accident, then you get nothing! Virginia is one of only a few states
that still use this extremely harsh rule, but if you are going to make an automobile
accident personal injury claim, you had better get used to hearing this phrase.
Insurance companies love to cite contributory negligence as a reason to deny claims
and will use it at any and every opportunity.

Damages for Your Injuries:
Assuming that the other driver was negligent and you were not contributorily
negligent, then the next part of the automobile accident personal injury claim is your
“damages.” Of course, this begs the question, “what are damages?”

Under Virginia law you can generally claim the following types of “damages”:

medical bills, both in the past and in the future (yes, you can claim these even if
you have health insurance);
lost wages, both in the past and in the future (yes, you can also claim these even if
you have sick leave at work);
pain and suffering, both in the past and in the future (this is always the phrase you
hear about on TV);
inconvenience, both in the past and in the future;
scarring or physical disfigurement/deformity;
permanent injuries; and
loss of earning capacity (for example, if you are unable to return to work as a
crane operator and have to take a job as a cashier making less money than before
the accident).

To be blunt, which is what this book is all about, the entire idea of “damages” is
money. In order to receive compensation for your “damages,” the claims procedure
provides you with money. The claims process does not make the other driver
apologize to you, it does not take the other driver's license nor does it force the other
driver to go safe-driving school.

Because the automobile accident personal injury claim boils down to money, the
insurance companies have developed a number of VERY EFFECTIVE strategies to
avoid paying you. The level of the insurance companies' success in this regard is quite
evident when you look at their corporate income, assets and holdings.1 Insurance
giants are worth billions and billions of dollars and they did not achieve this type of
wealth by treating you fairly or voluntarily accepting responsibility for your
“damages.”

1
As of the date of publication of this book, American International Group (AIG) was worth more than $115,000,000,000
(all those zeroes mean 115 billion dollars!) and Allstate Insurance Company had a value in excess of $28 billion
dollars. These are just a couple of the many, colossally large and influential insurance companies constantly
bombarding the public with their anti-lawsuit and anti-personal injury propaganda.


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Why is the injury claims process referred to as a “battle?”
When you make a personal injury claim, you must understand that you expose your life to the
scrutiny of well trained and highly skilled insurance professionals and risk mangers. These
folks will do everything in their power to intimidate you and minimize or negate your recovery
for the damages you have suffered.

As examples of the tactics used in this process, please review the following two scenarios:
1) A well known insurance company's adjuster told a former client of mine that he was “sorry”
for the accident in which she was hurt, that he would “pay for her medical bills” and that she
should take “as long as she liked to get better and submit her final claim to him when she was
ready.”

What he did not tell her was that if she did not settle her claim or file a lawsuit within two years
of her accident, then her claim would be forever barred by expiration of the statue of
limitations!

By pure luck she contacted me just two days prior to the two year limit and fortunately, we were
able to file suit and preserve her claim. When I contacted the adjuster and asked him to explain
his unethical and inappropriate misleading of my client, his response was, “I don't owe her
anything. She should know the law. If she let her claim lapse, then that is her problem, not
mine.”

2) More recently, an insurance “investigator” appeared at the workplace of one of my clients,
told the receptionist that he was an “investigator” and needed to speak with Ms. Smith (not her
real name, of course) about her claim. My client was paged to the front office and had to
confront this “investigator” while co-workers were milling about.

The insurance worker told my client that he wanted to interview her about the accident and she
politely refused. She further informed him that she had just retained my law firm (the day
before) and that he should contact my office if he needed further information.

The “investigator” then became agitated, made a comment about how he did not understand
why she needed a lawyer and walked out the door. He then sat and “steamed” in the parking
lot for more than thirty minutes.

Of course, all of these tactics were designed to intimidate, embarrass and discourage my client
from pursuing her claim.

What makes this story more outrageous is that the “investigator” told my client that he
appeared at her workplace simply because he was unable to contact her via telephone and
needed to learn what happened in the accident and better understand why she was claiming
that the other driver caused the accident.

Of course, my client knew this was false on a number of fronts because she had already met and
had numerous telephone calls with a different member of the insurance company about the
accident and because the other driver admitted fault at the scene to her, as well as the
investigating police officer (who noted the information on the accident report)!

Now that you understand more about the claims process and the purpose of this book, let's get
right into the “Inside Information” I learned by working for insurance companies.


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The following is a list of things the insurance companies HATE because each item
damages their ability to deny, defend or minimize your personal injury claim
THE INSURANCE COMPANIES HATE IT WHEN:

You have been in an automobile accident and call the police.

You were probably taught in your first driver's education course to always call the
police to the scene of any accident in which you are involved. This really seems quite
simple. However, many folks involved in accidents don't do it. Why not? Perhaps
because the other driver promises to make sure that his insurance “takes care of
everything” or that the he can't afford to pay a traffic ticket or that the damage to the
cars seems minor enough to just “handle things unofficially.”

So why do the insurance companies hate it when you call the police to scene of an
automobile accident?

When you call the police to scene of your accident, then the police will require the
drivers involved to exchange insurance and identification information. The police
may also charge the at-fault driver with some sort of traffic infraction, obtain
witness information and preserve statements about the event, including
descriptions of what occurred and complaints of injury. All of this information will
very likely assist you in the future with your claim and hurt the insurance
company's ability to deny your claim. By calling the police, you have made an
official record of the event and can be relatively sure that the information you
receive about the other driver is accurate and truthful. After all, not many folks
will give fraudulent information about themselves or their insurance to an officer
of the law.

This official record will effectively prevent the other driver's insurance company
from arguing that the incident did not occur or that their insured driver was not
involved in the cause of your injuries. (Yes, insurance companies will deny
responsibility at every opportunity, including whether their driver was even in the
accident with you.)

This official record will also demonstrate that you complained of pain at the scene,
which will help deflect any argument by the insurance company that you weren't
hurt or that you later fabricated your complaints to manufacture a personal injury
claim (another favorite of the insurance companies).

Finally, statements from witnesses or the other driver may contain valuable facts
that may be later forgotten (many witnesses may not later recall things like the
speed of the other car prior to the accident, the weather or the color of the traffic
light at issue) or can be used to rebut a “changed story.” I don't know how many
times I have been told by my clients that the other person admitted fault at the
scene, but later hear from the insurance company that no such statement was
made and that the cause of the accident was contested. (You may not be aware of
this, but I will bet that your own automobile insurance card, which you keep in
your glove compartment, contains the following instruction: Do not admit fault for
the accident. Remember, the insurance companies hate it when their drivers take
responsibility for the accident because it damages their ability to deny or
effectively defend your claim. After all, these companies are in business to make
lots of money, not to pay it to you!)


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You are hurt in the accident and go to the hospital or to see your doctor.

By going to see a qualified medical professional, you are doing what is likely the safest
and most prudent thing to properly care for yourself. While you may think that the
pain is going to go away, the only way to be as sure as possible is to get checked out.
Hospitals, doctors and nurses know what to ask, examine and test following motor
vehicle accidents. The best that can happen is that everything will test normally and
you go home with a lot less to worry about. Alternatively, if you have sustained a
serious injury, then you will be in the right place to have it treated.

You are probably thinking that anyone who gets hurt in an automobile accident
would surely seek medical care, right? WRONG. Many folks who are injured in car
accidents refuse care from the emergency medical experts who come to the scene or
fail to go to the hospital or see their doctor to get proper care for those injuries.

So why do the insurance companies hate it when people ask for treatment at the
scene of the accident or to go to the hospital or their doctor in the first day or so
following the accident?

It is very simple. It seriously harms their ability to argue that you were not hurt. If you
had turned down help from the EMTs who came to the site or if you did not visit the
emergency room or go to see your own doctor, then they are in a much stronger
position to deny your claim.

Your explanation that you thought you would get better or that you did not know how
badly you were hurt because of the adrenaline surge following the accident will be a
tough sell to jurors who will think that you are just “out for money.” Remember, there
is nothing fair about the personal injury system and the insurance professionals
opposing you know and use every trick in the book to keep you from recovering
compensation for the problems their insured caused.


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You refuse to give a recorded statement to the insurance adjuster for the other
driver's insurance company.
You can bet that within a day of your accident, you will receive a call from a
professional insurance adjuster representing the driver who hurt you. You can also
bet that he will tell you “how sorry he is that this unfortunate incident (he won't even
call it an accident) occurred” and “how he is just trying to figure out what happened.”

Mularkey!

He wants you to let him ask you a bunch of well scripted questions that have been
developed over the years, which are designed to help him later deny your claim and
to get you to say things that he will later use against you. So, when you deny this
request for a recorded statement, you hurt the insurance company's ability to
develop evidence to deny your claim and they hate it when you deny!

While I was working for the insurance companies, I reviewed hundreds of these
recorded statements and listened time after time to these adjusters ask unfair
questions to unsuspecting folks, who were hurt, and generate a mountain of
evidence against them. An example of these types of interviews follows:

Insurance adjuster: “Can you tell me how fast the other driver was going when you
first felt contact from the rear?” (Notice that the insurance professional does not
refer to the accident as an “impact.”)

Injured person: “Well, no, I was just stopped at the red light and all of sudden I felt this
BANG from behind.”

Insurance adjuster: “Ok, so you don't even know how fast the other driver was going.
Do you know if the other driver tried to stop before this contact occurred?” (There is
that word again, contact. It makes the accident seem so minor, doesn't it?)

Injured person: “I really don't. I don't know what he did.” (How would you? You were
sitting at a stoplight, minding your own business, when the other driver decided to
crash into you!)

Insurance adjuster: “Ok, so you don't even know what happened.”

After reading this sample, you may be in shock over the unfair questions of the
insurance professional. However, no matter how unfair, it happens every day all
around the country.

I always thought it would be a good idea to ask the adjuster who calls you for a
statement to ask when you or your attorney can interview his insured and tape the
conversation. You can rest assured that the answer to that would be NEVER!

Remember, the insurance person is trying to build a case to help his insured and hurt
you. He has no intention of being fair with you.


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You refuse to sign a release which will permit the insurance company to obtain your
medical records.
During the first conversation you have with an insurance professional for the other
driver, you will very likely be asked to sign a Medical Authorization, which will allow that
insurance company to go to your doctors, dentists, hospitals, etc., and get every piece
of medical information in their files. However, the insurance adjuster will phrase his
request like this:
“We need you to sign this document so that we can keep track of your
medical treatment and keep enough money in reserve to make sure that we can pay
your claim.”
(While it is true that insurance companies are under certain requirements to keep
adequate “monetary reserves” to cover existing claims, you can be sure of two
things: 1) the adjuster has no intention of paying you those “reserves” voluntarily;
and 2) he wants that signed “Medical Authorization” to find evidence to help him
deny your claim.)

The insurance adjuster will lead you to believe that he will be gathering records related
to the injuries you sustained in the accident at issue, but he will also be looking through
as much of your medical history as possible to find notations of prior similar injuries or
other accidents. One of the insurance industry's favorite tactics in denying or
minimizing personal injury claims is to point to other accidents (yes, they will use the
word “accident” to describe other events in which you have been involved) or injuries
you have sustained in the past as being the cause of your current medical treatment.
The insurance professionals opposing you in this process are trained investigators who
know how to read medical records and they will search as far and as wide as possible to
find any record of treatment you underwent in the past. They will also go to any length
in their attempts to link unrelated prior injuries to your current situation.
For example, I recall a case in which the insurance adjuster asked a nice lady if she had
ever experienced back pain before the accident and the lady replied that she had not.
The insurance adjuster then refused to offer this lady a fair settlement because the
adjuster had found evidence of prior complaints of back pain in the lady's medical
records related to her past pregnancy!
Remember, the adjusters will use these Medical Authorizations to review every bit of
your medical history, including gynecological and psychological records. Nothing is off
limits if you sign away your rights to keep your medical history private!


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You retain a lawyer to protect your rights!

Another question you can count on hearing from the opposing insurance adjuster
is:
“Have you retained a lawyer?”

If you have not, then you will very likely hear something like this (because these
adjusters are so well trained, you probably won't hear the big sigh of relief on the
other end of the phone):

“Well, that is good news. Just so you know, having a lawyer does not
increase the value of your claim. In fact, if you get a lawyer, then you will lose
one-third of your settlement, plus have to pay their costs. I am glad that you and I
will be working this out without lawyers involved.”

The fact of the matter is that insurance companies hate it when you get lawyer to
protect your rights throughout the claims process because these professional
adjusters know that they will have to deal with someone who has equal or greater
knowledge of the personal injury system. They know that the lawyer will not let
their client be taken advantage of. They know that the injured person's lawyer will
not accept a “low ball” settlement offer. They know that they will not be able to
dupe the lawyer into settling the claim quickly and cheaply before the true nature
and extent of the injuries are known. They know that they will have to pay fair
value for the claim or else risk having to go to Court.

Over the last several years, data has been compiled, which demonstrates that
injured people with lawyers obtain vastly greater settlement amounts than
unrepresented persons. Additionally, by involving a lawyer early on in the claims
process, many of the “pitfalls” or “traps” used by the insurance adjusters can be
successfully avoided.

Finally, experienced personal injury lawyers can ensure the client that all available
resources for recovery are utilized to their maximum extent, which means that the
insurance companies will be forced to treat the injured person's claim more
seriously and ultimately offer to settle at a higher value than without such an
experienced attorney involved on behalf of the claimant.


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THE INSURANCE COMPANIES REALLY HATE IT WHEN:

You hire a former insurance defense lawyer to handle your injury claim!

In addition to the reasons why insurance companies hate it when you retain a
lawyer, which were outlined in the last section, these companies really get anxious
when they learn that you have hired an attorney who has done insurance work.

This type of scenario (that is, facing a former insurance lawyer) is so unsettling for
insurance companies because it is very much like a professional sports team
having to go up against one of its former coaches who already knows and has well-
crafted reactions for all of his prior team's strategies, tricks and plays!

When the insurance adjusters handling your claim discover that they are going up
against a lawyer with an insurance background, they are forced to throw away
their normal “playbook” because they understand that the lawyer facing them
understands all of their tricks and tactics.

They further realize that they are facing a lawyer who will not commit many of the
errors that lots of typical personal injury lawyers (without experience on both side
of the process) routinely make.

Finally, they know that they will actually have to pay fair value for your claim or
risk the case going to Court and having to pay their lawyers and doctors lots of
money to fight your claim.

Now that you know a heck of a lot more about the personal injury process; the
ways the insurance companies will try to take advantage of you; and most
importantly, actions to take, which will maximize your claim, I would like to talk
about selecting an attorney to handle your case and what my firm does for its
personal injury clients.


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Do You Really Need an Attorney to Settle Your Case?

Hold on your seat-
Not always.

(I bet you never thought you would read a book by an attorney which stated that
you may not need to hire counsel!)

You definitely do not need an attorney for every small injury case. In fact, our office
does not even accept cases where there's little or no property damage or the
injuries are minor.

Why not? Simple. In the small case, the attorney fee and costs might leave little or
nothing for you after your medical bills are paid, and we don't believe that would
be fair to you.

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How Do I Find a Qualified Personal Injury Attorney?

Choosing an attorney to represent you is an important but daunting task. The
decision certainly should not be made on the basis of advertising alone. The
Yellow Pages are filled with ads--all of which say basically the same thing. You
should not hire a lawyer based solely on advertising--anyone can buy a slick
commercial.

You shouldn't even hire me (or any other lawyer) until you trust that I can do a
good job for you.

How do you find out who in your local community is the best for your case? I
believe that there are certain questions to ask that will lead you to the best person
for your case—no matter what type of claim you have. It may involve some time
on your part, but that's OK because the decision as to who your attorney will be is
very important.

The world of personal injury and accident claims is, in our opinion, much too
specialized for someone who does not regularly handle these cases. Too many
times we have looked at cases that other—inexperienced—attorneys have
handled and botched.

You should be aware that the insurance companies who defend personal injury
and accident cases know who the attorneys are in your area who actually go into
court to try cases and who do not.

When I was active in the insurance field, I certainly used this kind of information
to evaluate my cases. In fact, and this is a special piece of my “Inside
Information,” one of the first questions most insurance adjusters will ask when a
serious claim comes in is: who is representing the plaintiff?

If this information is important to the insurance company, shouldn't it be
important to you?


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So, how do you find out who is a good personal injury lawyer in
your area?
Here are some tips:

1. READ THIS BOOK!

2. Get a referral from an attorney that you know. He or she will probably know
someone who specializes in your area of need.

3. The Yellow Pages can actually be a good source of names. However, you need to
understand three things: First, not everyone advertises in the Yellow Pages. In fact,
most of our cases come from referrals from other attorneys or from satisfied clients.
Second, be careful about the ads that tout too many different specialties, no one can
do everything well. You don't want a “jack of all trades.” Third, be careful about
advertising designed to attract a high volume of cases, including the small cases that
we do not accept. Make sure that the attorney you hire is selective enough with his or
her cases that your important case does not become just one more “file in the pile.”

4. Your local bar association probably has a lawyer referral service. Understand that
lawyers have signed up and paid a fee to be listed in certain specialties. Their names
come up on a rotating basis. This is another good source for an initial appointment.
Just take the questions we talk about here to that interview.

5. Interview several attorneys. Ask each attorney who else handles these cases in
your area. If they won't give you any names, leave. Ask this question of each attorney.
The names you see showing up on various lists of recommendations are probably
good bets for attorneys doing these cases on a regular basis in your area.

6. Ask each attorney if they have information just like this book and/or a website so
that you can find out more about qualifications, experience, and method of handling
a case before you walk in the door.

7. Beware of any attorney who contacts you in writing just after you have had an
accident for the sole purpose of soliciting your claim. If you are contacted “cold” it
should be for the sole purpose of providing you free information, like the “Inside
Information” in this book that you can study in your own home on your own time.

8. Here are some factors and good points to look for and question your attorney
about. Note that not every attorney will meet all of these criteria (including me), but
too many “holes” should raise a big question mark.

Experience – obviously, the longer you have been practicing a particular area
of the law, the more you will know. Experience is a big factor in most cases.

Experience – ask the attorney how many cases he has actually tried (Less
Trial
than 10 is not a good number!) Has he or she achieved any significant verdicts
or settlements? Does he have a list of verdicts and settlements available that
you can look at? Don't accept the “All my cases are confidential” line! The
greater your number of substantial results achieved, the more likely the
insurance companies will respect you. Past results are not a guarantee of the
future but past results do demonstrate some level of experience and success.

Respect in the legal community– does the attorney teach other lawyers in
Continuing Legal Education courses?

Membership in trial lawyer association– in our area, you can certainly find a
lawyer who is a member of the Virginia Trial Lawyers Association (VTLA), and
the American Association of Justice (AAJ) [formerly known as the Association
of Trial Lawyers of America (ATLA.)

Publications– has your attorney written anything that has been published?
This is another sign of respect that the legal community has for his or her skills
and experience.

Experience Defending and Prosecuting Personal Injury Cases– has your
attorney effectively handled cases on both side of this process? If not, then he
probably doesn't fully understand the ways the insurance industry will fight
your claim and likely does not have the “Inside Information” I possess due to
my years with insurance companies.


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What Do We Do for You in a Personal Injury Case?

After reading the preceding chapters, I hope you have a great deal more knowledge
about this process than when you initially requested this book and began your
investigation into the personal injury claims process.

Please understand that the Parrish Law Firm does not accept every case about which
we are contacted. We limit our practice to those cases in which our clients have been
seriously injured and for which there is adequate insurance to provide compensation
for those injuries. (To better understand why we are so selective, take a look at the
list which follows and you will understand the great amount of work that is required
to properly prepare a case.)

Without detailing every aspect of our firm's system of handling personal injury cases,
I have compiled the following list of services we undertake to maximize our clients'
recoveries and provide the highest possible level of legal representation.
Please remember that each case is different, and that not all of these tasks will be
required in every case. They are:

Initial interview with the client
Educate client about personal injury claims
Gather documentary evidence including police accident reports, medical
records and bills
Analyze the client's insurance policy to see whether there are any coverages
which the client has that may pay all or a portion of the medical bills while the
claim is pending
Analyze the client's insurance coverages and make suggestions as to what
coverages should be purchased for future protection
Interview known witnesses
Collect other evidence, such as photographs of the accident scene
Analyze the legal issues, such as contributory negligence and assumption of the
risk
to the client's physicians or obtain written reports from them to fully
Talk
understand the client's condition
Analyze the client's health insurance policy or welfare benefit plan to ascertain
whether any money they spent to pay your bills must be repaid

Analyze the validity of any liens on the case. Doctors, insurance companies,
welfare benefit plans and employers may assert that they are entitled to all or
part of the client's recovery

Contact the insurance company to put them on notice of the claim, if this has not

already been done

Decide with the client whether an attempt will be made to negotiate the case

with the insurance company or whether suit shall be filed

is filed, prepare the client, witnesses and healthcare providers for
If suit
depositions

Prepare written questions and answers and take the deposition of the defendant

and other witnesses

Produce to the defendant all of the pertinent data for the claim, such as medical

bills, medical records, and tax returns

to court to set a trial date
Go

Prepare for trial and/or settlement before trial

Prepare the client and witnesses for trial

Organize the preparation of medical exhibits for trial

Organize the preparation of demonstrative exhibits for trial

Prepare for mediation and/or arbitration

briefs and motions with the court to eliminate surprises at trial
File

the case to trial with a jury or judge
Take

Analyze the jury's verdict to determine if either side has good grounds to appeal

the case

recommendations to the client as to whether or not to appeal the case
Make 2

2
Our contract with you does not obligate us to participate in any appeal


p
Will the Opposing Insurance Company Make Interim Payments to
Cover Medical Bills Before the Final Settlement?
This is probably the most frequently asked question I encounter when interviewing a
prospective new client and the answer is NO.

The adversarial insurance company will only make one settlement payment, which
will be in exchange for termination of the case.

This answer is often of great concern to many folks, especially those without health
insurance and people who face damage to their credit ratings for unpaid medical
bills. However, it is a rule without exception.

Over the years, I have successfully negotiated with health care providers to avoid
collections until after a case is over and this is something I will attempt to do for my
future clients. Please keep in mind that this is usually not possible, but I will try my
best.


p
Will You have to Repay Your Health Insurance Company from Your
Settlement?
You should know that if your medical bills were paid by health insurance of an
employer's health plan, the insurance company or plan may want you to reimburse it
out of any personal injury settlement or verdict.

In essence, your “insurance” could turn out to be not insurance at all, but rather a
“loan.”

The laws in some states, including Virginia, generally prohibit such claims by
insurance companies, but insurers routinely attempt to make the claims anyway.
(SHOCKER! Insurance companies trying to take advantage of you-AGAIN!)

This area of law, known as “reimbursement or subrogation” is actually quite
complicated and is sometimes governed by a federal law called ERISA (The Employee
Retirement Income Security Act of 1974). Your attorney must understand the
implications of ERISA and the law of subrogation in order to maximize your recovery.
(I have handled scores of subrogation cases for insurance companies and successfully
negotiated ERISA claims on behalf of my clients.)


p
Why You Should Hire Us

As I said at the beginning of this book, the Parrish Law Firm is not your ordinary
personal injury practice. We approach our cases with a firm understanding as to
what the opposing insurance company will need to properly evaluate your claim and
with the “Inside Information” necessary to avoid the pitfalls, which trap many
personal injury lawyers AND THEIR CLIENTS. Also, please remember that we
carefully select the few cases that we will accept at any one time, so that we are best
able to maximize our clients' recoveries in those matters.

There are many attorneys who advertise for personal injury cases. Unfortunately,
some of these attorneys have so many small cases in their offices that no case gets
their personal attention. Others have no real intention of trying your case themselves
and if the case cannot be settled with the insurance company, they will refer the case
out for trial. There are good experienced attorneys in this field, but it is very difficult
for a consumer to separate the good from the bad. In order to determine if an
attorney is right for you and your case, don't be afraid to ask questions.

Remember, at the Parrish Law Firm, our clients get personal attention because we are
very selective in the cases that we take. We decline many cases a year in order to
devote personal, careful attention to those that we accept.


p
What Cases Do We Not Accept?

Due to the very high volume of calls and referrals from other attorneys that we
receive, I have found that the only way to provide personal service is to decline those
cases that do not meet our strict criteria. Therefore, we generally do not accept the
following types of cases:

Cases involving minor impact. Our experience with juries is that by and large, they do
not believe that a minor impact could cause substantial personal injury. We have tried
several cases, for insurance companies and on behalf of injured clients, where we felt
that the medical evidence was very strong, yet the photographs and the property
damage showed little or no damage. Even though well-qualified physicians testifies
that the injuries were REAL and CAUSED by the accident, these cases were either lost
or received very low verdicts. Thus, I believe that the risk to the client is too great to
warrant pursuing these claims.

Cases with less than $5,000 of “hard damages.” Your case must have at least $5,000 in
past and future medical bills and/or past and future lost wages before we will consider
accepting it. Of course, we would like to represent everyone who needs a good
attorney, but we cannot. So, the combined total of your past and future medical bills
and lost wages must exceed $5,000. If you have a question about this, contact us and
we can help you figure it out.

Cases with significant pre-existing injury in the same body part. If you have had three
back surgeries before this accident, then the chances of a jury awarding you a
substantial amount of money for your back injuries here is very low. Again, I feel that it
is not worth the risk to the client to pursue these cases.

Cases where the statute of limitations will soon run. I like to have at least three months
to adequately investigate and evaluate your claim. Sorry, but your delay can result in a
serious crisis, which would disrupt my practice and expose me to liability.

If you have had several accident claims in the near past, then I will not accept your
case. Jurors simply do not make significant awards to people with multiple past
accidents.

not represent you if you were charged by the police in the accident. I know that
I will
the police can be wrong; but if after interviewing the witnesses and evaluating the
scene the policeman gave you a ticket and not the other guy, then I will not represent
you.

not represent you if you were in any way at fault in the accident. Remember that
I will
in Virginia, the jury may find against you if you were 1% at fault. Therefore, if there is
any substantial evidence that your injury is in any way your fault, then we will not
accept your case.


p
Well, Are There Any Cases Left?

Yes, there are, and that's just the point. We are a small firm and accept a limited
number of cases each year.

“We Concentrate our Efforts on Increasing the Value of Good Cases—
Not Filing and Chasing Frivolous Ones”

I represent many clients with valid claims. When I devote my time and resources to
representing only legitimate claimants with good claims, I am able to do my best
work. I have found that getting “bogged down” in lots of little cases, each with a
“special problem,” is not good for my clients with legitimate claims.


p
Results of Cases Handled by James Parrish:
The following are descriptions of some of the cases handled by attorney James
Parrish. While all the cases handled by this Firm are important, these particular cases
highlight one or more unique aspects of our practice's skill set (such as the ability to
determine the total amount of available insurance to an injured person under several
different policies).
Also, please understand that all case results depend upon a variety of factors unique
to each case and that past case results do not guarantee or predict a similar result in
any future case undertaken by the Parrish Law Firm. I know that last sentence sounds
like a lot of legal “mumbo jumbo,” but the substance of the sentence could not be
more true. Over the many years of my career, I have seen the personal injury claims
process result in settlements and awards over a wide range, some of which were fair
and other times, not fair.
Of course, the insurance industry wants the awards to be unfairly low and will do
everything in their power to make it happen. When battling a powerful insurance
company, you need an equally powerful advocate on your side. Using the “inside
information” I developed while working for some of the insurance giants, I was able
to leverage and earn these outstanding results:

$250,000 Awarded at Trial for Slip and Fall Victim:
In a recent victory, the Fairfax County Circuit Court awarded a Parrish Law Firm client
a quarter of a million dollars, plus interest and costs, for injuries she suffered in a fall
at her apartment complex.
This case began when the client left her apartment to check her mailbox at the end of
the hallway. After opening the door to the stairwell, she slipped on a step, fell several
feet and landed on her knee. After her fall she noticed that the steps were wet from a
recent mopping; however, no warning signs were present. She then began yelling for
help; heard someone moving around; and looked down the stairwell to see a
maintenance person mopping the floors on another level. This maintenance person
came up the stairs to see what the yelling was about and the client asked her to
contact emergency personnel. The client also asked her why she had not placed “wet
floor” signs in front of the stairs. The maintenance person refused to answer and ran
away.
The client eventually obtained medical assistance, underwent emergency surgery
and spent a great deal of time in a painful rehabilitation process.
When the maintenance company was contacted to discuss the accident, it
responded with a denial of all fault and even produced highly suspicious records,
which allegedly indicated that its workers were not even on the property on the date
of the client's fall.

After much pre-trial wrangling and preparation, the client's claim was partially
settled by the apartment complex owner and one of its contractors; however, the
maintenance company continued to deny any responsibility.
Ultimately, after presentation of evidence in support of the client's case, a judgment
was entered against the maintenance company, which totaled more than $250,000!
Obviously, this was a great result for the client and we at the Parrish Law Firm could
not have been more pleased.

Six-Figure Payment to Young Man Injured in Single Car Crash:
The Parrish Law Firm recently represented a young man (the client) who was
injured in a violent, single-car crash in Fairfax County. The accident occurred due to
the driver's negligent attempt to navigate a windy road while exceeding the speed
limit. The driver lost control of his vehicle and impacted a tree, which resulted in the
client's face being slammed against the window. The client's eye socket, cheek and
jaw bones were fractured. Additionally, the client suffered several lacerations due to
broken glass in the car.
Following months of medical and dental treatment, the case was submitted to the
driver's insurance company with a demand of payment of the full insurance policy
limit. The Parrish Law Firm rejected numerous attempts by the insurance company to
settle the client's case and held fast to the previously mentioned policy limits
demand.
Ultimately, due to the Firm's aggressive negotiations skills, the driver's insurance
company agreed to settle the case and paid the full amount of the driver's insurance
policy. As a result of the Parrish Law Firm's legal representation, which resulted in a
six-figure settlement payment, the client was able to pay his medical and dental bills,
as well as save a substantial sum of money for his future.

Prominent Washington, D.C. Lawyer Hires James Parrish to Prosecute Drunk
Driving Injury Case:
James R. Parrish was enlisted by a prominent trial attorney in Washington, D.C., to
jointly represent a very badly injured young man (the client), who had been in a
serious accident caused by a drunk driver. Following the accident, the client was
unable to run his small business and nearly lost everything. The opposing insurance
companies tried every trick in the book to avoid paying the client the compensation
he deserved and even went so far as to retain multiple hired guns as expert
witnesses in an attempt to counter the diagnoses of the client's treating physicians.
Due to the complexity of the issues involved in the case, the parties agreed to
mediate the matter with the assistance of a retired, former-Chief Judge of a local
Circuit Court. During the mediation, Mr. Parrish effectively countered the insurance
companies' strategies and convinced the same insurance companies to resolve the
case for nearly one-half of a million dollars. Prior to Mr. Parrish's involvement in the
case, the insurance companies had refused to offer the client anything greater than
$50,000.

$150,000 Earned for Man Hurt in Motorcycle Accident:
A motorcyclist ('the client) enjoying a pleasant weekend cruise in Berkeley County,
West Virginia, was hit head-on by a truck that crossed into the client's lane of travel.
The client had to be air-lifted from the scene of the crash and underwent emergency
surgery to repair his horribly fractured leg.
The client did not have health insurance and was unable to work for many weeks. To
make matters worse, the driver of the vehicle that caused the accident did not have
automobile insurance to compensate the client for his injuries.
The Parrish Law Firm investigated all aspects of the case and due to its “inside
information” and knowledge of insurance policies and laws, located three avenues of
recovery for the client. Initially, of course, the insurance companies attempted not to
pay the client the amounts to which he was legally entitled. However, the Parrish Law
Firm refused to give-up in its fight for the client and eventually obtained every
available dollar of insurance, which amounted to more than $150,000.

Several Hundred Thousand Dollars Paid to Sexual Assault Victim:
A young woman (“the victim”) and her family came to James Parrish after being
sexually assaulted by a co-worker, while on the job. As you might imagine, her
injuries were far too personal to list in a book such as this.
When we first approached the victim's employer to discuss appropriate
compensation, the matter was immediately referred to his insurance company. The
insurance adjuster promptly hired one of the largest law firms in the world (more
than 700 lawyers!) to defend the employer and told us “that the company had done
nothing wrong and would not be held responsible for the actions of the co-worker
who committed the assault.”
After much investigation, it was discovered that the assaulting employee had
previously misbehaved in a sexual manner during work hours and on company
property. However, this despicable employee had not been sanctioned, disciplined
or fired. In fact, he was given a position as a supervisor!
Ultimately, the case went before a mediator (now a local Circuit Court Judge) and
resulted in the victim obtaining a Court Order, which granted her several hundred
thousand dollars (the exact amount is confidential). I am very happy to write that this
resilient young woman has used this money to attend college and move forward with
her life.

$400,000 to Woman Seriously Hurt by Truck Driver:
Imagine that your elderly mother is sick in Florida and that you, her daughter, must
drive through Virginia on I-95 in order to be by her side. Now imagine that as you
come to a stop for traffic, you are slammed from the rear by a large truck, pushed
through several cars, launched into the air and land on the guard rail between the
South and Northbound lanes!

This was situation encountered by one of my clients. Then, to add insult to injury,
the driver of the truck claimed that he was not to blame for the accident. He
argued that he had been hit from behind and lost control. He even went so far as
to claim that my client was the operator the car that struck him and that
somehow she then went past him into traffic and ended up on the guard rail!
Of course, the truck driver's story seemed ridiculous, but his insurance company
was supporting him in every way possible. Accordingly, we hired the most well
known and respected accident reconstructionist in Virginia to assist in our
investigation of the case. After thoroughly reviewing all of the accident-related
evidence, it was obvious that the truck driver was not being truthful.
Eventually, the case went before a highly respected Richmond Judge and the
insurance company paid my client $400,000 for the damages she had suffered.

p

p Parrish Law Firm, PLLC

CAUGHT IN THE ACT!
SPECIAL REPORT
How the Parrish Law Firm Used Its “Inside Information”
to Catch an Insurance Company Hiding Evidence!
My name is Jim Parrish and I am a personal injury attorney in Manassas, Virginia. I decided to
write this Special Report to expose the “dirty tactics” being used by insurance companies and
defendants in personal injury cases.

As a bit of background information, the insurance industry has spent millions (maybe billions)
of dollars over the last several years successfully brainwashing the general public to believe
that people who make personal injury claims are lazy, good for nothing men and women just
looking for a “free ride” and “easy money.” In fact, the insurance companies will go to almost
any length to prevent you from successfully pursuing your claim.

I know this because I used to defend insurance companies and worked intimately with
everyone in the insurance industry from adjusters to corporate “big wigs.”

I used to lecture to insurance professionals to help them more successfully settle claims for
small amounts or deny claims altogether.

I wrote articles for insurance/risk management companies.

I even graduated from the International Association of Defense Counsel trial academy!

However, after a while, it became clear to me that the results I was achieving (and yes, I was
very good at protecting the insurance money from those injured folks) were not fair or just. I
began to see that many good people were being taken advantage of by the insurance industry.

So I decided to take cases on behalf of people opposing the insurance companies and use my
“inside information” and knowledge of the insurance industry to the benefit of my clients.

(The following facts are based directly on a case prosecuted by James Parrish, but for
purposes of privacy, the real names of persons involved have been removed.)

Recently, I had the privilege of representing a young man (“the client”) who had been terribly
injured as an innocent bystander in a restaurant brawl.

When I presented the client's claim to the insurance company for the restaurant, the claim was
summarily rejected with a firm denial of any responsibility or wrongdoing. Of course, this
denial was no surprise because insurance companies behave this way in nearly every personal
injury case.

I then filed a lawsuit on behalf of the client against the restaurant in order to prove that the
restaurant was liable, or at fault, for the client's injuries.

page one


CAUGHT IN THE ACT!
SPECIAL REPORT
The insurance company for the restaurant defended the case in Court and tried every tactic
imaginable to avoid the truth from being revealed and to have the case “thrown out.”
Based on my “inside information” about the insurance industry, I quickly spotted irregularities
and falsehoods in the restaurant's Court filings. This was a sure sign that evidence was being
hidden.

When I confronted the restaurant with its unacceptable behavior, it continued on its path of
denial and basically dared me to try and prove that it was concealing evidence. So, I filed
multiple motions in Court and revealed their unscrupulous and illegal actions.

Ultimately, the Court found that the insurance-backed restaurant had been untruthful in its
Court papers and was guilty of hiding evidence. In fact, the Court was so appalled by the “dirty
tricks” I uncovered that it even sanctioned the restaurant and ordered it to pay fines.

I hope that after you have the chance to read this Special Report, as well as the actual
documents I filed in Court, that you better understand the lengths to which the insurance
industry will go in order to hide the truth and avoid acceptance of responsibility.

I further hope that you understand the need for lawyers like myself who will stand up to the
insurance companies to defend the rights of people hurt due to negligent, illegal and
unacceptable behavior.

If you or someone you know has been injured in an accident or
due to the irresponsible actions of another,
please contact the Parrish Law Firm at
571-229-1800
or
www.personalinjury.theparrishlawfirm.com/contactus

page two

p
Free Newsletters from Parrish Law Firm

Want to know how to best buy automobile insurance? Want to find out specific steps
you can take to find the best lawyer for you case? Want some handy safety tips for
modern life?
BEST OF ALL-Want to read about some “Legal Dummies?” (Every issue highlights a
bonehead in the legal system and it is sure to make you laugh!)
These are some of the topics that are covered in a free newsletter sent to your home
by Manassas attorney Jim Parrish.
There is absolutely no cost or obligation and from time to time we run contests to give
away free stuff!
If you subscribe and later feel like we are wasting your time, then just send an email to
me: jparrish@theparrishlawfirm.com and I will delete your name from the mailing
list.
I am confident that you will find the topics discussed in the newsletter to be helpful
and interesting. In fact, I don't recall anyone ever canceling their “free subscription.”
There is no need to destroy this book. Just photocopy this form, fill it out and e-mail
or fax it to us. Email to jparrish@theparrishlawfirm.com or fax to 703.991.7096

Please start my subscription to your free legal newsletter:

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*We do not share out mail/ email lists with anyone.


About the Author

James Parrish is a former insurance defense lawyer who now represents injured
persons against the insurance industry. He uses the “Inside Information” he
learned while defending insurance companies to the advantage of his clients and
has recovered millions of dollars in judgments and settlements on their behalves.

Mr. Parrish lectures to legal professionals on such issues as the personal injury
claims process, insurance “bad-faith” and how to effectively manage a successful
personal injury law practice. He has also instructed senior law enforcement
officers on the issues of personal injury claims/risk management and the
Constitution of the United States of America.

Mr. Parrish is licensed to practice law and handles cases in both the State and
Federal Courts of Virginia. He is also a member of the Virginia Trial Lawyers
Association, which is a group dedicated to the furtherance of the rights of injured
persons.

For more information about attorney James Parrish and the Parrish Law Firm,
please visit our very popular website:

www.theparrishlawfirm.com

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